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Great Scott! – Ben Evans published in the CITMA Review

Associate and Trade Mark Attorney Ben Evans has been published in the October/November 2016 edition of the CITMA Review.

Ben comments on the decision in an appeal to the Appointed Person of a UK IPO trade mark opposition and revocation action.

The case involved an opposition and revocation action by DeLorean Motor Company of Texas against an application, and earlier registration, for the mark DE LOREAN by DeLorean Motor Company Ltd. The opposition failed but the revocation action succeeded and, as a result, both parties appealed the decision.

Whilst the AP's decision in respect of upholding the revocation decision is not a surprise, given the limited use made by the Registrant, it is interesting that the AP confirmed that reputation built through the use of a mark for memorabilia (etc) can be used to demonstrate protectable goodwill in the mark for other goods/services. This is, perhaps, useful for the likes of professional sports teams who likely sell a significant amount of memorabilia/merchandise compared with, perhaps, relatively low incomes deriving directly from their core entertainment services.

This article was first published in the October/November 2016 issue of the CITMA Review, the journal of the Chartered Institute of Trade Mark Attorneys (CITMA). For more information on CITMA, please visit www.citma.org.uk

About the Author

Ben is a dual-qualified Solicitor and chartered trade mark attorney and advises clients on both contentious and non-contentious intellectual property matters.

The European Commission has instigated non-compliance proceedings against the UK, for failing to tell it that they have transposed copyright provisions of the Marrakesh Treaty into national law. Chris Williams comments in the WIPR.

Blake Morgan LLP (registered number OC392078) is a limited liability partnership registered in England and Wales with its registered office at Harbour Court, Compass Road, North Harbour, Portsmouth PO6 4ST. It is authorised and regulated by the Solicitors Regulation Authority. A full list of its members is available at all of its offices. The term "partner" is used to mean a member of the firm or employee who is a lawyer with equivalent standing and qualifications.